HomeMy WebLinkAboutZ23-03 BOC Staff Report - FinalZ23-03 Staff Report BOC 4.3.2023 Page 1 of 19
STAFF REPORT FOR Z23-03
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-03
Request:
Rezoning to a Conditional R-5 district
Applicant: Property Owner(s):
James Yopp with River Road Construction, LLC Hoosier Daddy, LLC - James Yopp, Manager
Location: Acreage:
5791 Carolina Beach Road 42.10
PID(s): Comp Plan Place Type:
R08200-001-036-000 Urban Mixed Use and General Residential
Existing Land Use: Proposed Land Use:
Partially platted and undeveloped land 10 Single-Family and 327 Multi-Family
Residential Units
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) R-5
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential and Private School R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West General Office and Retail, Self-Storage, Senior
Living and Single-Family Residential B-2 and R-15
Z23-03 Staff Report BOC 4.3.2023 Page 2 of 19
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer Water and sanitary sewer services are available through CFPUA by
extension of public utility mains.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station 18
Schools
Ashley High School, Murray Middle School, Myrtle Grove Middle School,
Bellamy Elementary School. There is a dividing line for middle school areas
through the proposed development.
Recreation Myrtle Grove Athletic Complex, the future Hanover Pines Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation resource maps indicate pocosin wetlands may exist on the
property. Projects containing 5 acres or more of pocosin conservation
resources are required to comply with additional buffer and conservation
standards in Section 5.7 of the Unified Development Ordinance (UDO).
Historic No known historic resources
Archaeological No known archaeological resources
Z23-03 Staff Report BOC 4.3.2023 Page 3 of 19
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
Single Family
Dwellings
Proposed
Stormwater
Triplexes and
Quadraplexes
Proposed
Stormwater
Proposed
Road Stub
Z23-03 Staff Report BOC 4.3.2023 Page 4 of 19
• The concept plan can be broken into two interconnected portions.
• The southern portion at Shiloh Drive and Manassas Drive includes a mix of quadraplex
residential units, triplex units, and duplex units for a total of 104 dwelling units on 14.14
acres.
• The southern portion of the project will connect with existing road stubs at Sweet Gum Drive,
Sand Ridge Avenue, and Black Ash Run in the existing Tarin Woods Subdivision providing
multiple points of ingress and egress through the development to Carolina Beach Road.
• Shiloh Drive is also proposed to extend north and connect to an adjoining commercially
zoned parcel on Carolina Beach Road owned by the applicant.
• While not under consideration as part of the proposed rezoning, future commercial services
on the adjacent parcel would be accessible by vehicles through the connection.
• The northern portion of the project includes 10 single-family residential lots transitioning
from Tarin Woods to the south into quadraplex, triplex, and duplex units for a total of 223
single-family attached residential units on 27.96 acres.
• The northern portion includes a connection to the eastern end of Rosa Parks Drive that
continues north to the new proposed roadway connection onto Carolina Beach Road.
• The connection to Rosa Parks Drive will not be for ingress and egress as Rosa Parks Drive is
a private right-of-way. The applicant has proposed a condition to preserve existing
landscaping or installing traffic prevention measures to restrict ingress and egress to Rosa
Parks Drive from the existing and proposed developments.
• The proposed roadway would provide a continuous connection from Carolina Beach Road,
through the proposed development and the existing Tarin Woods south to Manassas Drive
and Carolina Beach Road as well as east to Myrtle Grove Road.
• The applicant’s proposed conceptual plan indicates 8.75 acres of the site will be preserved
as open space, slightly above the 20% open space requirement of the UDO.
• The concept plan also shows the attached single-family units sited perpendicular to the rear
of existing houses to reduce potential visual impacts to existing adjacent properties.
• The proposed single-family lots are adjacent to existing single-family lots and act as a
transition between the existing development and the proposed higher density residences.
• The placement of the proposed attached housing on the Ironwood Drive extension are
designed to reduce the number of individual driveways to ensure the road serves as a
connector through street between Carolina Beach Road and Tarin Woods.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1971. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, public and private water and sewer services have become
available to the surrounding area; however, the Carolina Beach corridor remains primarily
zoned for low density housing.
Z23-03 Staff Report BOC 4.3.2023 Page 5 of 19
• While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest
in higher density residential such as the Towns at Market Place across Carolina Beach Road
from Manassas Drive, and the Winds Ridge, and Myrtle Landing Townhomes residential
developments approximately a mile south of the subject site.
• The Myrtle Grove shopping center and Monkey Junction commercial node are immediately
to the north providing services, amenities, and educational and employment opportunities.
• As currently zoned, the site would be permitted up to 105 dwelling units at a density of 2.5
du/ac under the performance development standards. The proposed 337 units equate to
an overall density of 8 du/ac.
• The R-5 district was established to provide lands that accommodate moderate to high
density residential development on smaller lots with a compact and walkable development
pattern. The district allows a range of housing types that can be developed in conjunction
with a non-residential district to create a vertical mixed-use development pattern as well
as serve as a transition between mixed-use or commercial development and low to
moderate density residential development.
• Both the existing R-15 and proposed R-5 zoning districts allow a maximum building height
of 40 feet.
• A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required for attached
housing along all property lines adjoining single-family development.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
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AREA DEVELOPMENT
Z23-03 Staff Report BOC 4.3.2023 Page 7 of 19
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a maximum
of 105 single-family dwelling units.
PROPOSED ACCESS
Primary Access Carolina Beach Road via Manassas Dr. and a new paved access
road north of Rosa Parks Dr.
Secondary Access
- Connection between commercial parcel fronting Carolina
Beach Road and Shiloh Drive
- Connections with existing local streets to connect with
Myrtle Grove Road via Lt. Congleton Road
Z23-03 Staff Report BOC 4.3.2023 Page 8 of 19
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway South Carolina Beach Road
Type of Roadway NCDOT major arterial
Roadway Planning Capacity
(AADT) 41,369
Latest Traffic Volume (AADT) 45,000
Latest WMPO Point-in-Time
Count (DT) 40,658
Current Level of Congestion Over Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: NCDOT (2021)
Source of WMPO Point-in-Time County: WMPO (2023)
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5702B – S. College Rd.
Improvements
(2025 Right-of-way
acquisition & utilities)
- Access management and time travel improvements along
College Road between Shipyard Boulevard and Carolina
Beach Road.
U-5790 – Monkey Junction
Intersection and Roadway
Improvements
(2029 Right-of-way
acquisition & utilities)
- Project to convert the intersection of Carolina Beach Road
and College Road to a continuous flow intersection.
- The project includes widening Carolina Beach Road south
of the intersection to Sanders Road.
TRAFFIC GENERATION
Traffic Generated by
Present Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 78 171 +93
PM Peak Hour Trips 104 201 +97
Assumptions
Typical Development with Existing Zoning – 105 single family detached
dwelling
Proposed Development – 10 single family detached dwellings and 327
single family attached dwellings
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
Z23-03 Staff Report BOC 4.3.2023 Page 9 of 19
TRAFFIC IMPACT ANALYSIS (TIA)
New developments that are anticipated to generate more than 100 trips during any peak hour
period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A
team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to
develop the scope for the TIA, including the study area, the traffic data which must be collected, trip
distribution, and the developments and background traffic growth that must be analyzed. This
document is used to identify off-site transportation improvements required to mitigate the impacts of
the development and must be approved by the WMPO and NCDOT.
Approval Date July 27, 2022
Development Proposal
Analyzed
125 single family detached dwellings and 241 townhomes in three
phases
Study Intersections
- US 421 (Carolina Beach Road) at southbound to
northbound U-Turn near Rosa Parks Lane
- US 421 (Carolina Beach Road) at Sanders Road
- US 421 (Carolina Beach Road) at Beau Rivage
Marketplace driveway (Harris Teeter)
- US 421 (Carolina Beach Road) at Manassas Drive/Sharks
Eye Lane
- Manassas Drive at Shiloh Drive
- Myrtle Grove Road at Lt. Congleton Road
- US 421 (Carolina Beach Road) and site access north of
Rosa Parks – RI/RO
- US 421 (Carolina Beach Road) and site access south of
Tregembo Animal Park – egress only
Trip Generation
- 204 AM peak hour trips
- 255 PM peak hour trips
- 3,058 average daily trips
Traffic Data Collection September 2, 2021 (US 421 at Sanders Road) and December 9,
2021
Trip Distribution and
Assignment
- 65% to and from the north on US 421
- 20% to and from the south on US 421
- 5% to and from the west on Sanders Road
- 5% to and from the west on Beau Rivage Marketplace
Driveway
- 5% to and from the north on Myrtle Grove Road
Z23-03 Staff Report BOC 4.3.2023 Page 10 of 19
Approved Developments &
Background Growth
- Tarin Woods II Development (215 single family detached
housing)
- Planned Roadway/Intersection Improvements
o Manassas Drive dual right turn lanes
o Beau Rivage Marketplace (Harris Teeter) leftover
- Full Build – 2026
- Growth Rate – 1% per year
Required Improvements
Phase 1A – Build year of 2023 for 125 single family detached
dwelling units
- No improvements required
Phase 1B – Build year of 2024 for 125 single family attached
dwelling units
- Extend southbound U-turn land on Carolina Beach Road
south of Rosa Parks Lane to provide 500 feet of storage,
50 feet of full width deceleration and 100 feet of taper
and optimize signal timings
- Construct the new proposed site access to Carolina Beach
Road with an internal protected stem of 175 feet
measured from the right-of-way line with right-in/right-out
ingress and egress lanes and stop controls on the
westbound approach.
- Construct a northbound right turn lane on Carolina Beach
Road from the U-turn bulb south of the proposed access
Phase 2 – Build year of 2026 for 116 single family attached
dwelling units
- Construct a future third access into the site meeting NCDOT
roadway standards
- Note: While this improvement is not included as part of
the conditional rezoning application, the applicant has
included a condition requiring the future construction in
accordance with the TIA.
SUMMARY
The proposed project is located along a major arterial highway that is currently over capacity; and
the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition
and utility work not scheduled until 2029. The applicant has had a TIA approved by the NCDOT
and WMPO requiring several roadway improvements, including a new paved access road to
Carolina Beach Road and a connection to a commercial parcel fronting Carolina Beach Road. The
development will connect internally with other neighborhoods to allow for a connection to Myrtle
Grove Road via Lt. Congleton Road but does not connect to the commercial service node southeast
of the Monkey Junction intersection.
Z23-03 Staff Report BOC 4.3.2023 Page 11 of 19
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or the Special Flood Hazard Area.
• The property is within the Mott Creek and Everette Creek watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable)
soils; however, the project is expected to be served by CFPUA water and sewer if
developed.
• Conservation resource maps indicate pocosin wetlands may exist on the property. Projects
containing 5 acres or more of pocosin conservation resources are required to comply with
additional buffer and conservation standards in Section 5.7 of the Unified Development
Ordinance (UDO).
• The existing stormwater management ponds for Tarin Woods are sized to accommodate
the proposed development for the southern portion of the project adjacent to Shiloh Road.
• The development area was included in the original stormwater engineering and permitting
for the Tarin Woods Subdivision.
• The developer has included a condition to address future maintenance of the existing and
any future stormwater management systems requiring portions of the proposed
development obtain approval to join the existing Tarin Woods Property Owners Association
or enter into a maintenance agreement.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Anderson Elementary
School and Ashley High School. Depending on the area of the development students would
be assigned to Myrtle Grove Middle School or Murray Middle School. Students may apply
to attend public magnet, year-round elementary, or specialty high schools.
• A maximum of 105 dwelling units would be permitted under the current R-15 zoning base
density, and 337 units could potentially be developed under the proposed zoning for an
increase of 232 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 51 additional students than would be generated under
current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
Over the past four years, staff has also seen a decline in the number of students generated
by new development. Student numbers remained relatively stable between 2015 and
2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential
units were permitted across the county. In addition, the student population is anticipated to
only grow by approximately 1,300 students over the next 10 years based on the recent
New Hanover County Schools Facility Needs Study.
Z23-03 Staff Report BOC 4.3.2023 Page 12 of 19
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 18 undeveloped
single-family lots
Approximate** Total: 4
(2 elementary, 1 middle, 1 high)
Typical Development Under
Current Zoning 105 residential units Approximate** Total: 21
(9 elementary, 5 middle, 7 high)
Proposed Zoning 337 residential units Approximate** Total: 71
(30 elementary, 17 middle, 24 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an
average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.0 7 for high) generated per
dwelling unit across New Hanover County. These numbers are updated annually and include students attending ou t-
of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
• Since the residential components associated with the proposed rezoning are likely to have
a build-out date within 5 years per the Traffic Impact Analysis, staff has outlined existing
school capacity to provide a general idea of the potential impact on public schools.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity** (2022-2023 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or
planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools
to the Board of Education in January 2021. This information does not take into accoun t flexible scheduling that may
be available in high school settings, which can reduce the portion of the student body on campus at any one time.
• The 2021 facility needs survey prepared by Schools staff indicates that, based on NC
Department of Public Instruction (DPI) student growth projections and school capacity data,
planned facility upgrades, combined with changes to student enrollment patterns, will result
in adequate capacity district wide over the next ten years if facility upgrades are funded.
Level
Total
NHC
Capacity
School
Projected
Enrollment of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 91% Anderson 291 314 93% None
Middle 92% Murray 882 889 99% None
Middle 92% Myrtle Grove 640 747 86% None
High 93% Ashley 1983 1990 99.6% None
Z23-03 Staff Report BOC 4.3.2023 Page 13 of 19
New Hanover County Strategic Plan
• One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
• The proposed (CZD) R-5 zoning district would allow for an increase in housing diversity and
would allow those residents to utilize existing goods and services within one mile of the
subject property.
• The predominant housing type in the area is single-family detached at 79%. Under the
proposed R-5 district the site would allow for single-family attached (townhomes) and
increase housing type diversity by reducing the percentage of single family detached (79%
to 76%) and increasing the percentage of single-family attached units (8% to 11%).
• The subject property is located in the Monkey Junction community area, where 65% of
residents currently live within one mile of a convenience need (grocery store, retail staples,
pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care,
etc.), and a community facility (public park, school, museum etc.). The proposed R -5 district
would increase the number of residences within one mile of goods and services (65% to
66%).
Representative Developments
Representative Developments of R-15:
Tarin Woods Subdivision
Z23-03 Staff Report BOC 4.3.2023 Page 14 of 19
Page’s Corner in Ogden
Representative Developments of Townhome Developments:
Saylors Watch in Wilmington
Z23-03 Staff Report BOC 4.3.2023 Page 15 of 19
Forest Cove in Wilmington
Context and Compatibility
• The property is located between existing properties zoned and used for commercial
purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower
density single-family residential development.
• The proposed attached housing type increases housing type diversity in the area and acts
as an appropriate transition between the commercially zoned Carolina Beach Road corridor
and the existing lower density Tarin Woods Subdivision, which itself acts as a buffer for
even lower density residential development east towards Myrtle Grove Road.
• The property is located south of the Myrtle Grove shopping center and Monkey Junction
commercial node providing services, amenities, and educational and employment
opportunities.
• The new Hanover Pines county park is under construction immediately to the south of the
proposed project.
• Most of the surrounding land is either single-family developments or commercial uses
intended to serve the surrounding homes.
• The proposed concept plan includes a new site access that would serve as an internal
connector road for the existing and proposed residential developments in the area that
would provide more opportunities for vehicles to exit Carolina Beach Road when tryin g to
reach their destination.
• The development is conditioned to install all roadway improvements required by the TIA
within the approved phasing and build out years unless amended by NCDOT and the
WMPO.
Z23-03 Staff Report BOC 4.3.2023 Page 16 of 19
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type
General Residential and Urban Mixed Use
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
General Residential: Focuses on lower-density housing and associated civic
and commercial services. Typically, housing is single-family or duplexes.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Types of uses include single-family residential, low density multi-family
residential, light commercial, civic, and recreational.
Urban Mixed Use: Promotes development of a mix of residential, office,
and retail uses at higher densities. Types of uses encouraged include office,
retail, mixed use, small recreation, commercial, institutional, single-family,
and multi-family residential.
Z23-03 Staff Report BOC 4.3.2023 Page 17 of 19
Analysis
The subject parcels are located between existing lower density residential
neighborhoods to the east and the Carolina Beach Road commercial
corridor to the west, which is envisioned for the more intensive Urban Mixed
Use place type.
The proposed attached housing type increases housing diversity in the area
and acts as an appropriate transition between existing commercial and
residential development.
The proposed development is south of the Monkey Junction commercial node
and provides residential infill development that can serve existing
commercial uses.
Roadway additions and improvements proposed as part of the
development increases connectivity and opportunities for vehicles to exit
Carolina Beach Road sooner to reach their destinations.
The proposed 8 dwelling units per acre matches the density recommended
for multi- and single-family residential development in the General
Residential place type. The Urban Mixed Use place type promotes multi-
family and higher density single-family development to provide a range of
housing types, opportunities, and choices. The Urban Mixed Use placed type
does not recommend a maximum density and identifies Monkey Junction as
an appropriate area for higher density development.
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed density, housing type, and
increased interconnectivity are in line with the recommendations of both the
General Residential and Urban Mixed Use place types and the proposed
development acts as an appropriate transition between existing commercial
and residential uses in the area.
PLANNING BOARD MEETING
The Planning Board considered this application at their March 2, 2023 meeting. Several members
of the public spoke in opposition to the request citing concerns over traffic impacts, density, and
housing type. The Planning Board deliberations considered the changing nature of development
and housing demand in the area, and board members expressed concern with the scale, scope, and
potential for additional development impacts from the future development area shown on the
concept plan. The Planning Board recommended denial of the petition (7-0).
The Planning Board found the application CONSISTENT with the purposes and intent of the
Comprehensive Plan because the proposed density, housing type, and increased interconnectivity
are in line with the recommendations of both the General Residential and Urban Mixed Use place
types and the proposed development acts as an appropriate transition between existing
commercial and residential uses in the area.
The Planning Board also found recommending DENIAL of the rezoning request is reasonable and
in the public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent neighborhoods.
Z23-03 Staff Report BOC 4.3.2023 Page 18 of 19
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The Carolina Beach Road corridor has been designated as
General Residential and Urban Mixed Use within the Comprehensive Plan. The plan recommends a
mix of commercial uses and residential housing types that act as a transition between higher intensity
and lower intensity development.
The proposed development would act as a buffer between Carolina Beach Road and lower density
residential development to the east, providing infill development and increased housing diversity
and interconnectivity in the area. The applicant has also provided additional conditions for the
installation of roadway improvements and stormwater maintenance.
As a result, Staff recommends approval of the request and suggests the following motion:
I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed density, housing
type, and increased interconnectivity of the project are in line with the recommendations
of both the General Residential and Urban Mixed Use place types and the proposed
development acts as an appropriate transition between existing commercial and
residential uses in the area. I also find APPROVAL of the rezoning request is
reasonable and in the public interest because the project provides interconnectivity and
housing diversity at an appropriate density to act as a transition between existing
commercial and residential development.
Proposed Conditions:
1. Attached residential dwellings on the east side of Shiloh Drive shall be sited
perpendicular to neighboring single-family residential lots.
2. The improvements required as part of each phase of the approved 2022
Traffic Impact Analysis must be completed by the end of the build out year
listed in the TIA for each phase. Planning staff is authorized to accept changes
to the timing provided such changes are approved by NCDOT and the WMPO.
While not shown on the proposed development, the TIA required future third
access into the site meeting NCDOT roadway standards for Phase 2 must be
completed by the build out year of 2026 unless otherwise approved by
NCDOT and the WMPO.
3. Existing trees shall be retained, or another appropriate traffic prevention
measure shall be established at the eastern terminus of Rosa Parks Drive to
prevent vehicular ingress and egress until such time a written agreement is
reached to provide connectivity. An access easement shall be recorded on the
final plat from the edge of pavement to the property line with Rosa Parks Drive
to ensure the possibility of future access.
4. Any portion of the proposed development that utilizes any portion of the
existing stormwater management system for Tarin Woods Subdivision that is
not accepted into the Tarin Woods property owners association, must enter into
a stormwater maintenance agreement with the Tarin Woods property owners
association.
Z23-03 Staff Report BOC 4.3.2023 Page 19 of 19
Alternative Motion for DENIAL (If based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to DENY of the proposed rezoning. I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because the proposed density, housing type, and
increased interconnectivity are in line with the recommendations of both the General
Residential and Urban Mixed Use place types and the proposed development acts as
an appropriate transition between existing commercial and residential uses in the area.
However, the future NCDOT improvements at the Monkey Junction intersection were
delayed for construction after the Comprehensive Plan recommendations for this area
were adopted. I find DENIAL of the rezoning request is reasonable and in the public
interest because the scale of the project increases traffic on a major arterial corridor
with a delayed infrastructure improvement schedule and the project is not consistent
with the desired character of the surrounding community due to potential impacts to
visual aesthetics from the different housing types and internal traffic on adjacent
neighborhood roadways.